Beneficial entitlement: no longer doing justice?

Discusses the House of Lords ruling in Stack v Dowden on the size of each legal owner's share of the equity in the family home in the event of the relationship breakdown of an unmarried couple. Considers whether the parties intended their beneficial interests to be different to their legal interests in the property. Comments on the court's primary concern of establishing, from the parties' conduct, their intention as regards beneficial ownership. Looks at whether indirect financial contributions give rise to a beneficial interest under a constructive trust and notes the relevance of the doctrine of proprietary estoppel.

Ghost and self: Jung's paradigm shift and a response to Zinkin

Zinkin's lucid challenge to Jung makes perfect sense. Indeed, it is the implications of this `making sense' that this paper addresses. For Zinkin's characterization of the `self' takes it as a `concept' requiring coherence; a variety of abstract non-contextual knowledge that itself has a mythical heritage. Moreover, Zinkin's refinement of Jung seeks to make his work fit for the scientific paradigm of modernity. In turn, modernity's paradigm owes much to Newton's notion of knowledge via reductionism. Here knowledge or investigation is divided up into the smallest possible units with the aim of eventually putting it all together into `one' picture of scientific truth. Unfortunately, `reductionism' does not do justice to the resonant possibilities of Jung's writing. These look forward to a new scientific paradigm of the twenty-first century, of the interactive `field', emergence and complexity theory. The paper works paradoxically by discovering Zinkin's `intersubjective self' after all, in two undervalued narratives by Jung, his doctoral thesis and a short late ghost story. However, in the ambivalences and radical fictional experimentation of these fascinating texts can be discerned an-Other self, one both created and found. [From the Publisher]